Can I cancel my fixed-term contract prematurely?

Questioner

I currently have a one-year contract (fixed term) that runs until April 30, 2024. However, I have come to the conclusion that this is simply not the position for me for the following reasons: - I find the work too hectic, I can't cope well with it, it causes too much stress. - The travel distance has really started to bother me, it has too much of an impact on my work/private life balance. - I miss the nice connection with colleagues that I had with my previous employer. - I miss working with my hands, sitting behind the computer all day is unfortunately not for me.. For these reasons I continued to apply for jobs, and now I have received an offer from a potential new employer that I like. I would like to start there in March. My contract states the following: 'Article 3. Termination. Both parties have the option to terminate the employment contract prematurely, taking into account the statutory provisions and notice periods. Termination must take place by the end of the calendar month.' Now I read on the internet that with a fixed-term contract you need to make agreements for interim termination. If no agreements have been made about this, the contract simply expires automatically. On the other hand, I also saw somewhere that if no agreements have been made about a notice period, you simply have a notice period of 1 month. Can you please tell me if I am within my rights to terminate the employment contract with 1 month's notice? The text as it is in my contract can also be seen as an agreement? After all, it states in principle that both parties can terminate the employment contract prematurely. I look forward to hearing from you! Thank you in advance for your response. Yours sincerely, Leroy

Lawyer

Dear Leroy, It's important to note that I don't provide personal legal advice, but I'm happy to give you some direction based on the information you've provided. The article in your contract does indeed look like a clause that allows both you and your employer to terminate the employment contract prematurely. The text \"both parties have the option to terminate the employment contract prematurely, taking into account the statutory provisions and notice periods\" can be interpreted as such a clause. \"Statutory provisions and notice periods\" in this context generally refers to the statutory notice period of one month. From a strictly legal point of view, this clause in your contract may allow you to terminate your contract prematurely, taking into account the statutory notice period - provided there are no other restrictions or conditions in your contract or collective labor agreement. In addition, you must cancel by the end of the calendar month, as stated in your contract. So for example, if you cancel on February 15, your contract will expire on March 31. However, the exact interpretation and applicability may vary depending on the full text of your contract and any applicable industry or company rules. I recommend that you discuss this matter with a legal advisor or attorney to fully understand your rights and obligations in this situation. I hope this information is useful to you. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.